Landlord – Broker Rental Agreement

This fixed term rental agreement is between Bayside Enterprises SA de CV (“the Broker”) and Nicoletta Grazia (“the Landlord”) for the property located at Unit #108, Bayside Condo, Santa Cruz, Huatulco, Oaxaca, Mexico (“the Premises”)

The parties hereby agree as follows:

Fixed Term Tenancy

1. The Broker does hereby lease to the Tenant the Premises on a fixed term basis to commence on the 16th day of September, 2015 (the “Commencement Date”) and to terminate on the day of 15th day of March, 2016 (the “Termination Date”) with the option to renew for six months or longer. The tenancy created by this agreement will end on the Termination Date unless the parties agree to extend the tenancy.  The extension must be submitted in writing and agreed to no later than December 16th 2015.  

Rent

2. Rent in the amount of MXN $7,200.00 will be collected on the fifteenth of each and every month.

Other occupants

3. The Tenant agrees that the premises may be occupied by the following persons:

  • Name: Colin Southcombe
  • Name: Joanne Southcombe

The Tenant must obtain the Broker’s consent in writing to the occupation of the premises by some other or an additional person or persons. Failure to do so is a substantial breach of this Agreement and shall entitle the Broker to terminate the tenancy. Any person who occupies the premises for a continuous period of 30 days or more shall be considered an occupant for the purposes of this Agreement requiring the Tenant to obtain the Broker’s consent herein.

Security Deposit

4. The Tenant has paid a damage deposit of MXN $7,200.00 and first month’s rent of MXN $7,200.00. Payments were made to the Broker on May 28, 2015.

5. The Landlord agrees that the Broker will retain the damage deposit of MXN $7,200.00 as the Broker’s commission.

6. The Landlord agrees that should the Tenant renew the lease for an additional year, the Broker will receive an additional commission of MXN $7,200.00.

7. Within ten (10) days after the day the Tenant gives up possession of the Premises, the damage deposit of MXN $7,200.00 shall be returned to the Tenant, less permitted deductions other than for reasonable wear and tear, along with a statement of account showing the amount of the deductions. This damage deposit is to be paid to the Tenant by the Landlord .

8. The Landlord shall not be entitled to hold back any portion of the damage deposit for estimated deductions unless they have complied with inspection and reporting obligations set out below.

Late Fees and Dishonored Cheques

9. Any rent payment not made on the fifteenth day of the month shall incur a late fee of MXN $400.

Inspections

10. The Broker and the Tenant shall inspect the Premises within one week before or after the Tenant takes possession, and the Broker shall immediately provide the Tenant with a report describing the condition of the Premises.

Tenant Obligations

11. The Tenant covenants to:

  • pay the rent and all other charges when the same become due;
  • not interfere in any significant way with other tenants in the Premises, the common areas, or the property of which they form a part;
  • not perform any illegal acts or carry on an illegal trade, business or occupation in the Premises, the common areas, or the property of which they form a part;
  • not endanger persons or property in the Premises, the common areas, or the property of which they form a part;
  • not do or allow significant damage to the Premises, the common areas, or the property of which they form a part;
  • not change, replace, or add any locks to the Premises without the prior written consent of the Broker;
  • maintain the Premises and any property rented with it in a reasonably clean condition;
  • vacate the Premises at the termination of the tenancy.

Maintenance Costs

12. Provided that the costs below are incurred as a result of the negligence or willful misconduct of the Tenant or any other person or persons invited on the premises by the Tenant, the Tenant shall be responsible for:

  • the costs of repairing plugged toilets, sinks and drains and the cost of all damage resulting directly or indirectly therefrom;
  • the costs of replacing light bulbs;
  • the costs of replacing or repairing all windows, screens, doors, appliances and fixtures damaged, broken, removed or destroyed at any time during the tenancy, whether by the Tenant or any other person or persons invited on the premises by the Tenant;
  • the cost of cleaning, repairing and replacing soiled, stained or damaged floor coverings, counter tops and draperies; and
  • the cost of any other cleaning, repairs or replacements to the premises or the common property of the premises.

Tenant’s insurance

13. It shall be the responsibility of the Tenant to insure the Tenant’s property on the premises against damage or loss to such property occasioned by fire, theft and any other perils which cause such damage or loss.

Landlord and Broker Obligations

14. The Landlord covenants to:

  • Ensure the Premises is available for occupation by the Tenant on the Commencement Date;
  • Not disturb in any significant manner the Tenant’s possession or peaceful enjoyment of the Premises;
  • Make sure the Premises are habitable by the Tenant on the Commencement Date.
  • Ensure a new sofa is provided or ensure repair of the existing sofa in the living room.
  • Ensure a new television is provided in the living room.
  • Ensure an additional cabinet in the kitchen. Broker has suggested a built-in under the island counter.
  • Ensure additional built-in shelving and/or cabinet in master bedroom for clothes.
  • Ensure a bedside table lamp in master bedroom is provided.

Tenant Alterations or Improvements

15. The Tenant shall make no changes, alterations or improvements to the Premises without the prior written consent of the Broker.

Utilities

16. The Tenant shall pay for all of the electricity, gas and WIFI respecting the Tenant’s occupation and use of the Premises from the Commencement Date.  Electricity bills will be paid with rent including a prorated amount for the last months bill.

17. The Landlord will pay for all of the water and offer 1 parking space for the Tenant.

Fire Safety

18. The Tenant shall at all times exercise and take reasonable precaution to protect the Premises against fire and shall not keep or store, or suffer or permit to be kept or stored in or on the Premises any inflammable oils, substances, or materials, or carry on any activity whatsoever to be contrary to any municipal by-law.

Entry by Landlord

19. The Tenant shall permit the Landlord, Broker or its agents at all reasonable times and upon not less than twenty-four (24) hours’ written notice (unless otherwise agreed to by the Tenant) to enter upon the Premises between the hours of 8:00 am and 8:00 pm to:

  • inspect the state of repair of the premises;
  • make repairs to the premises;
  • show the premises to prospective purchasers of the premises;
  • show the premises to prospective tenants after a notice of terminations has been served.

Provided however in the event of a situation deemed by the Landlord to be an emergency or if the tenant appears to have abandoned the Premises, the Landlord shall be immediately entitled to enter upon the Premises. 

Assignment or Sub-let of Lease

20. The Tenant shall not assign or sublet or part with possession of the Premises or any part thereof.

21. Unless the Landlord and Tenant agree otherwise, the Landlord reserves the right to serve a notice to vacate on any person occupying the premises other than the Tenant on behalf of the Landlord.

Pets

22. No pets or any other animals shall be allowed on the Premises, unless the Broker has provided written consent to the Tenant. Any breach of this paragraph by the Tenant will be a substantial breach of this Agreement and may result in the termination of the tenancy created hereunder.

Rules and Regulations

23. The Tenant will observe and comply with the all development rules and regulations posted.

Behavior

24. The Tenant will not cause and the Tenant will ensure that the family and guests of the Tenant do not cause a nuisance or disturbance to other tenants, if any, in the same building in which the premises are located, or to the occupants of any neighboring or nearby premises.

General Provisions

25. The Tenant, Landlord and Broker shall comply with the requirements under all laws and ordinances of or in force in Mexico and the State of Oaxaca and under all municipal by-laws, including without limitation under the Act, as amended with respect to the relationship between landlords and tenants and with respect to such matters as health, sanitation, fire, housing and safety standards.

26. There are no representations, warranties or conditions, expressed or implied, statutory or otherwise, other than those contained herein.

27. No covenant or condition of this Agreement may be waived by a benefiting party except by written consent and forbearance or indulgence in any regard shall not constitute a waiver of the covenants to be performed by the other party to which the same may apply.

28. All notices, demands or requests shall be in writing and shall be delivered to the following addresses:

To the Broker: bookings@baysidevacationshuatulco.com

To the Landlord: nicolettagrazia@yahoo.com.mx

Upon acknowledgement that you have read and understood this agreement in its entirety and indicate acceptance of its terms and conditions, please submit confirmation below: